Flat owner pressure Flat owner pressure

3 years ago

I work in a private firm and due to covid 19 salary has been reduced by 40%.
Owner increased rent by 10% inspite of the recession.
Now the electricity dues have amounted to 10k. He is forcing to pay the amount or vacate the flat.

Please suggest

Abhimanyu Shandilya

Responded 3 years ago

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A.On humanitarian ground he should have not increased the rent as this time of the year. In case he is being inhuman and insensitive in his approach then you also take a strong stand and tell him to file a case for eviction and you stop paying the rent. He will not be in a position to file the case now due to lockdwon situation and when the situation normalizes you find some better place to rent.
If he troubles you more then lodge a police complain and also write to NHRC.
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Sidhaarth

Responded 3 years ago

A.You can opt for other property on rent.
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Kishan Dutt Kalaskar

Responded 3 years ago

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A.You may request or rely upon the following
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RENT COVID 19 LOCK DOWN PERIOD ADVOCATE LAWYERS AND OTHERS TO PAY RENT SC
The Supreme Court on Thursday declined to consider a PIL for granting relief in payment of chambers rent by advocates suffering financial losses due to lockdown. The top court also refused to issue any direction on a separate plea for creating a financial emergency fund for lawyers.
No Special Treatment For Lawyers During Lockdown; Can't Issue Directions To Waive Rent For Lawyers' Offices: SC
https://www.livelaw.in/top-stories/no-special-treatment-for-lawyers-during-lockdown-cant-issue-directions-to-waive-rent-for-chambers-sc-155994
The Supreme Court on Thursday refused to entertain a petition which sought exemption to advocates from payment of rent for their offices/chambers during lockdown.
Observing that lawyers cannot be given "special treatment", a bench comprising Justices N.V. Ramana, Sanjay Kishan Kaul & B.R. Gavai refused to entertain the plea for an appropriate scheme to support advocates to pay rent of their professional premises during lockdown
Mr. Kailash Vasdev, appearing for the Supreme Court Bar Association stated that the Court must consider the prayer that non-payment of rent shall not lead to eviction for lawyers as "they were high density areas".
"We are not saying rent should not be charged. We are only saying that non payment of rent should not be made a grounds for eviction during the lockdown. Lawyers will lose office space" added Petitioner(s)
After the Court expressed its disinclination, the petition was withdrawn by the Petitioner.
"We will withdraw it and send the same to the Government" the petitioner stated.
Senior Advocate Rana Mukherjee appeared for the petitioner.
A Delhi based lawyer, Advocate Aljo K. Joseph had moved the Supreme Court seeking a direction to the Government to formulate an appropriate scheme to support advocates from paying their rent, exclusively for the professional premises.
The plea pointed out that many lawyers pay "exorbitant rents" for their professional spaces for the sake of remaining close to Courts of law. However, since lockdown, many lawyers who depend on regular incomes are suffering due to loss of work and as such it has become difficult for them to pay the rent for their office premises.
The plea contended that the inaction of the government in supporting lawyers has ultimately affected their right to livelihood protected under Article 19 of the Constitution, in so far as they are being forced to vacate their office premises.
"As stated in part III of constitution of India right to life and practice any profession is a fundamental right And such a situation if it arose due to the pandemic and continuing lock down if the professionals are forced to vacate the professional premises and or pay the rent during this pandemic continuing lock down, it would also affect the constitutional guarantee under part III of the constitution of India," the plea contended
Inter alia, the Petitioner submitted that they cannot even invoke the clause of "non-payment due to a Force Majeure event" since they do not provide blanket waiver from payment of lease rentals on occurrence of every Force Majeure event.

Do not collect rent for three months, govt. tells landlords
Move will benefit lakhs of tenants facing hardships as a result of lockdown: experts
The Maharashtra government has issued instructions to landlords and house owners to defer rent collections from tenants for at least three months in the wake of the COVID-19 crisis.
In a circular issued by the Housing Department on Friday, the landlords/owners have been directed to not evict tenants due to non-payment of timely rent or rent exhaustion amid the economic gloom and doom resulting from the lockdown.
“Due to the lockdown, markets, businesses, factories, and overall financial transactions are closed. This has also affected the employment of the general public, and many tenants have been left without any livelihood,” additional chief secretary (housing) Sanjay Kumar said in his circular.
Thousands of tenants are not able to pay regular rent because their paying capacity has exhausted, he said. “The home owners are hereby advised to postpone the lease rent for at least three months.”
Chief Minister Uddhav Thackeray said the proposal would be implemented with immediate effect. “Maharashtra State Housing Department has issued instructions to landlords/ house owners to postpone rent collection by at least three months. During this period, no tenant should be evicted from the rented house due to non-payment of rent. #WarAgainstVirus,” he tweeted.
The onset of the pandemic has already generated a heated debate, weighing in on a waiver of rent for the lessees, while arguing over the fate of landlords who depend on rental income for survival. Earlier, commercial lessees argued that they could invoke provisions of ‘force majeure’ — an event or ‘act of god’ — that absolves them of contractual obligations related to rent payment.
“A lot of people are facing economic hardships as a result of the pandemic. The government has taken this step keeping in mind it will be difficult for tenants to pay rents in future,” Housing Minister Jitendra Awhad said.
Housing experts welcomed the move, saying it will benefit lakhs of tenants, especially in Mumbai, where rents are sky high. It could affect landlords who depend on rental income but the number of such individuals is very low, they said.
“For the time being, the government seems to have taken a view that the landlord depending on rental income is in a better position to weather the economic devastation caused by this pandemic. For the tenants, it is a welcome relief as several of them will be facing extreme hardships in the near future,” said Rajesh Prajapati, managing committee member, Maharashtra Chamber of
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